Last Updated: 5/6/2021
ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “ARBITRATION” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND ECOLIMPET LLC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Acceptance of Terms
By using our Service, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not use the Service. If you are accessing and using the Service on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
We may modify the Terms at any time, in our sole discretion. If we do so, we will let you know either by posting the modified Terms on the Site or through other communications. It is important that you review the Terms whenever we modify them because if you continue to use the Service after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you may not use the Service anymore. Because our Service is evolving over time we may change or discontinue all or any part of the Service, at any time and without notice, at our sole discretion.
Consumer Privacy Notice
Please review our Consumer Privacy Notice to understand what information we collect and how we use it. Our is located at https://ecolimpet.com/consumer-privacy-notice/ (the “Consumer Privacy Notice”) and is incorporated into these Terms. You acknowledge and agree that your use of the Service is subject to our Consumer Privacy Notice.
The Products and Service are available only to individuals who are at least 18 years old and capable of forming a binding contract with us. If you want to use certain features of the Service, such as purchasing our Products, you will have to submit certain personal information. You can only do this via our Site. Once the information has been submitted we will retain certain personal information such as your name and email address and other personal information that you have allowed us access to through our Consumer Privacy Notice.
It is important that you provide us with accurate, complete and up-to- date information and you agree to update such information, as needed, to keep it accurate, complete and up-to- date for each order you submit. If you don’t, we are not responsible for any mistaken, undelivered, and/or failed orders that may have resulted from misinformation. You are responsible for all activities and use of our Services that occur with your information through our Site, whether or not you know about them.
Purchases and Order Processing
You can purchase our Products by placing orders via our Site. Ecolimpet LLC reserves the right, in its sole discretion, to refuse to process or to cancel your order in certain circumstances. This may happen, for example, when the Product you ordered is out of stock, there are inaccuracies or errors in Products or pricing information, or our credit and fraud avoidance department identifies problems or in other circumstances that we, in our sole discretion, deem appropriate. Ecolimpet LLC and its affiliates and/or contracted companies also reserve the right, in their sole discretion, to take steps to verify your identity to process your order. We will not charge you for orders that we do not process or cancel. If we have already charged you for your order, then we will refund you the amount charged.
Fees and Payment
You will be charged immediately upon placing an order. Ecolimpet LLC will disperse your order to the appropriate parties and/or affiliate partners to use commercially reasonable efforts to have orders delivered within the estimated delivery time. However, sometimes items may be delayed due to factors beyond control, and we will not be liable for any such delays. If you are making payment by credit card, you hereby authorize Ecolimpet LLC or its third party payment processing service providers to charge your credit card for the price of the Products you have purchased.
Ecolimpet LLC reserves the right to require payment of fees for certain features of the Service. Should you elect to subscribe to or use such features, you agree to pay all applicable fees, as described on the Site in connection with such features. Ecolimpet LLC reserves the right to change its price list, product and service offerings, and to institute new charges at any time. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges or prices.
We attempt to provide accurate descriptions of Products on our Site. However, there may be inaccuracies in the Product descriptions, or the colors of the Products may vary from one monitor to another. Accordingly, Ecolimpet LLC does not warrant that the Product descriptions, colors, images or videos are accurate, complete, reliable, current or error-free. If a Product offered on our Sites is not as described, your sole remedy is to contact us in accordance with our Return Policy.
Pricing and Discount Information
We strive to provide accurate pricing information about Products. We cannot, however, insure against pricing errors. Ecolimpet LLC reserves the right, at its sole discretion, to refuse to process or cancel any orders placed for a Product whose price was incorrectly posted on the Site as a result of an error. If this occurs, Ecolimpet LLC will notify you by email. In addition, Ecolimpet LLC reserves the right, in its sole discretion, to correct any errors in the listed price on its Site.
We display discounts on our Site in connection with each Product. Discounts are calculated using pricing information provided to us by merchants (such as suggested retail prices from the manufacturer, supplier, or the merchant, or an estimated price based on standard industry practice).
Product Availability and Delivery
Our Site may contain information regarding the availability of the Products. Unfortunately, Ecolimpet LLC cannot guarantee that an item listed as “in stock” will actually ship right away, as inventory can change significantly from day-to- day. In some cases, a Product that may be in stock when a customer places the order, may be sold out by the time Ecolimpet LLC attempts to process the order, or there may be an error in the information about the availability of the Product. Should this happen, Ecolimpet LLC will notify you by email. If we determine that a Product you ordered is no longer available, we will cancel that item from your order and provide you a full refund towards the cancelled Product, if you have already paid for it. We will notify you about the cancelation by email.
Unless otherwise required by law, Ecolimpet LLC and its suppliers will accept returns on certain Products on a case-by-case basis. If, however, a Product is for personal use, we will not accept returns for such Product. . Our suppliers are located all over the United States and because of this, your order may arrive to you from multiple places in multiple packages. If there is an issue with any part of your order, please send an email to email@example.com within 48 hours of receiving the Product, unless a longer time is required by law. We in consultation with our suppliers, will either replace the defective Product, or issue a full or partial refund.
Risk of Loss
The risk of loss and title for such all items purchased from Ecolimpet LLC passes to you upon our delivery to the carrier.
Assumption of Risk for Products You Purchase
You understand that Ecolimpet LLC does not manufacture or inspect any of the Products sold through our Site. We provide the platform to facilitate such sales, but the Products are produced directly by independent manufacturers, so we cannot and do not make any warranties about their quality, safety, or even their legality. Any legal claim related to a Product you purchase must be brought directly against the manufacturer of the Product. You release Ecolimpet LLC from any claims related to Products sold through our Service, including for defective items, misrepresentations by manufacturers, or items that cause physical injury (like product liability claims).
Ownership of the Site and Service
All contents of the Service, including without limitation, the text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available on or through the Service are collectively referred to as “Content”. The Service and Content, and all associated intellectual property rights are the sole and exclusive property of Ecolimpet LLC and/or its licensors and affiliates, and may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Ecolimpet LLC. You acknowledge that the Service and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Content.
Rights in Content Granted by Ecolimpet LLC
Subject to your compliance with these Terms, Ecolimpet LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Service and solely for your personal and non-commercial purposes.
Rules and Conduct
As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms. The Service (including, without limitation, any and all Content on the Service), is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Service.
You agree not to do any of the following:
- Use, display, mirror or frame the Service or any individual element within the Service, Ecolimpet LLC’s name, any Ecolimpet LLC trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Ecolimpet LLC’s express written consent;
- Access, tamper with, or use non-public areas of the Service, Ecolimpet LLC’s computer systems, or the technical delivery systems of Ecolimpet LLC’s providers;
- Attempt to probe, scan or test the vulnerability of any Ecolimpet LLC system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Ecolimpet LLC or any of Ecolimpet LLC’s providers or any other third party (including another user) to protect the Service or Content;
- Attempt to access or search the Service or Content or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided
- Use any meta tags or other hidden text or meta-data utilizing a Ecolimpet LLC trademark, logo URL or product name without Ecolimpet LLC’s express written consent;
- Use the Service (including our Products) or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or Content;
- Violate any applicable local, national or international law or regulation;
- Encourage or enable any other individual to do any of the foregoing.
Touch of Modern Rewards
We may offer rewards and discounts to our customers from time to time, which may be subject to additional terms and conditions. Please note that regardless of any offers of such rewards, Ecolimpet LLC reserves the right to change the rewards and discounts, if any, over time without any prior notice.
We welcome feedback, comments, user experience and suggestions for improvements to our Service (“Feedback”). You can submit Feedback by emailing us at firstname.lastname@example.org. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose. We are not obligated to keep any Feedback confidential, to pay you anything for any Feedback (whether we use it or not), or to respond to any Feedback. We also are not obligated to return any Feedback to you, in any form. You agree that no Feedback provided to us will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights.
Third Party Sites
The Service may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
Ecolimpet LLC may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of Service. If you wish to terminate your information, you may do so by following the instructions on our Consumer Privacy Notice. The provisions relating to Purchases, Ownership of Site and Services, Feedback, Termination, Indemnification, Warranty Disclaimers, Limitations of Liability Dispute Resolution and General Terms will survive termination of these Terms.
You agree to indemnify, defend, and hold harmless Ecolimpet LLC, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs (including attorneys’ fees) resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any person accessing the Services using your account.
Warranty Disclaimer relating to the Service
EXCEPT AS OTHERWISE REQUIRED BY LAW, THE SERVICE INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT AND ANY FEATURES MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED BY ECOLIMPET LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS. ECOLIMPET LLC, AND ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ECOLIMPET LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE. ECOLIMPET LLC DOES NOT WARRANT THAT THE SERVICE, INFORMATION, CONTENT, OR ANY FEATURE MADE AVAILABLE TO YOU THROUGH THE SERVICE, ECOLIMPET LLC’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM ECOLIMPET LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ECOLIMPET LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE, OR FROM ANY INFORMATION, CONTENT, OR ANY FEATURES MADE AVAILABLE TO YOU THROUGH THE SERVICE. THE LIMITATIONS IN THIS PARAGRAPH DO NOT APPLY TO NEW JERSEY RESIDENTS PURCHASING PRODUCTS FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Warranty Disclaimer relating to the Products
THE PRODUCTS (INCLUDING ANY SOFTWARE THAT MAY BE USED IN SUCH PRODUCTS) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED BY ECOLIMPET LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING BY ECOLIMPET LLC. ECOLIMPET LLC, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE PRODUCTS WILL MEET YOUR EXPECTATIONS.
YOU MAY BE ELIGIBLE FOR THE MANUFACTURER’S WARRANTIES THAT APPEAR ON OR WITH THE PRODUCTS YOU BUY. EXCEPT FOR SUCH MANUFACTURER’S WARRANTIES, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ECOLIMPET LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE. ECOLIMPET LLC DOES NOT WARRANT THAT THE PRODUCTS ARE FREE OF HARMFUL COMPONENTS. ECOLIMPET LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PRODUCTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THE LIMITATIONS IN THE TWO PRECEDING PARAGRAPHS DO NOT APPLY TO NEW JERSEY RESIDENTS PURCHASING PRODUCTS FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES.
Limitation of Liability
IN NO EVENT SHALL ECOLIMPET LLC, OR ITS DIRECTORS, EMPLOYEES, AGENTS, OR PARTNERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR YOUR RELIANCE ON THE SERVICE OR PRODUCT DESCRIPTIONS, OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF A) AMOUNTS PAID OR PAYABLE BY YOU IN CONNECTION WITH THE SERVICE; OR B) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THE LIMITATIONS IN THIS PARAGRAPH DO NOT APPLY TO NEW JERSEY RESIDENTS PURCHASING PRODUCTS FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES.
This Agreement shall be construed in accordance with the laws of the State of Delaware.
Agreement to Arbitrate
You and Ecolimpet LLC agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Ecolimpet LLC with written notice of your desire to do so by email or regular mail at email@example.com or 1841 Columbia Rd. NW, Apt. 703, Washington D.C. 20009 within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you do not provide Ecolimpet LLC with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Ecolimpet LLC with an Arbitration Opt-out Notice, will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Ecolimpet LLC with an Arbitration Opt-out Notice, you acknowledge and agree that you and Ecolimpet LLC are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Ecolimpet LLC otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location chosen at Ecolimpet LLC’s sole discretion. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.
If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Ecolimpet LLC submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Ecolimpet LLC will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
These Terms constitute the entire and exclusive understanding and agreement between Ecolimpet LLC and you regarding the Service (including Products), and these Terms supersede and replace any and all prior oral or written understandings or agreements between Ecolimpet LLC and you regarding the Service (including Products). If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Ecolimpet LLC’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null.
Ecolimpet LLC may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications provided by Ecolimpet LLC under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Ecolimpet LLC’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Ecolimpet LLC. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
1841 Columbia Rd. NW
Washington D.C. 20009